I-212 first or K1 first?

[SalishSea 17,970]

US immigration is expensive and takes more time and money than you would think.  Adding a couple of waivers on to that increases it.  Have you considered moving to Russia?

[Marbar012 0]

12 hours ago, JFH said:

Have you considered the cost of feeding and providing healthcare for another adult who cannot earn any income whatsoever for many months? I don’t know what job she does but 6 months without work would be a lot more than $3000 in terms of lost income for me and many others. Healthcare for her alone would cost that. 

Thank you for your reply. If you read my first post I mentioned we live with each other for six months so I'm fully aware of the month to month expenses.

[Marbar012 0]

9 hours ago, Jorgedig said:

US immigration is expensive and takes more time and money than you would think.  Adding a couple of waivers on to that increases it.  Have you considered moving to Russia?

Thanks for your reply. But me moving to Russia is not an option at this moment that either of us want to persue, although we have considered Spain as she lived there for 3 years and I'm available to apply for dual citizenship there. But that is a whole other deal and kind of a last resort.

[markongo 8]

On ‎11‎/‎12‎/‎2019 at 11:44 PM, Marbar012 said:

My gf is from Russia and we met online in July 2017. She already had previously traveled twice to the US before i met her with a tourist visa. In November 2017 her family was going to travel to L.A. for a vacation. Since she was going to be in the US we decided she would take a flight to Miami where i was and meet before leaving to her country. Her stay was for 2 weeks and everything went well and she returned to Russia. Our relationship after her visit escalated and we decided she would come back Jan of 2018 to visit again. On this trip she would stay the legal 6 months. She provided all documentation of her flight record, her bank statements showing she had enough money for her long trip and saying she was to stay with me. Towards the end of our trip our feelings had escalated once again and we started to talk about marriage. At that time i was not 100% sure and opted for her to go back to her country(June 2018 and did NOT over stay) to stay within the law and apply for a K1 visa after once i was sure. Money and work became an issue so the application and visitations had to be prolonged. In March of 2019 her sister and brother in-law were once again planning a trip to the states in L.A. and we both decided to meet in L.A.. I booked my trip and upon waiting for her in the airport along with her family who had flown in from the UK i got a message of "im being detained for questioning". What came next after waiting 10 hours was her visa had been revoked and immediate deportation. She got these documents:

 

"Pursuant to section 235(b)(1) DHS has determined that you are ineligible to the US under section 212(a)(7)(A)(i)(I) "You were found to have provided false employment information to obtain your visa".

You have been found to be inadmissible to the US under the provisions of section 212(a) of the immigration and nationality act or deported under the provisions of section 237 of the visa waiver pilot program violator. In accordance with the provisions of section 212(a)(9) of the act, you are prohibited from entering, attempting to enter, or being in the US for a period of 5 years."

 

The false employment allegation was due to the fact that she no longer worked at that job because it no longer existed. Therefore no way for it to be verified and it was her responsibility to change or update this. At least that's what was told to her verbally after interview by the officer . Furthermore  currently during this time she worked for her own and she was given bad advice to not update this information as self employment can bring up red flags in future visits of the US thinking she will be working while visiting. I also believe it had to do with the fact we talked about getting married and was documented on her phone even though only the "false employment information" is the only thing documented on her paper work. We were devastated at this news but we pushed on and decided to book another trip and met in Cuba of June 2019 and spent 3 weeks in which i proposed and we got engaged.

 

Since then we have saved some money and are now in the process of wanting to file for the K1 visa. But since she is now inadmissible im aware we have to do a waiver. So my questions is do we have to do the I-212 or the I-601 or both then the K1 or just one of the 2 then the K1 or in which order? This is the part that gets confusing. Ive been to 4 local immigration lawyers and everyone has a different answer. It kinda seems they all have doubt about what to do exactly and haven't done a case like mine but want money upfront then will research what to do. Reading in the forums ive kinda narrowed it down to 1-212 and the K1 visa but still confused on the order. I get the fact that her visa wasn't up to date(her fault) and yes they made the right decision to send her back so i agree with that. But now we are trying to just file the right paperwork, in the right order as we are both aware this is going to be a longer process because of this. We both have accepted this fact but still want to be with each other and proceed with the correct way.

 

Thank You!

Hi marbar012,

Your story is pretty the same like mine.. I met the love of my life overseas , he is a singer traveling worldwide, I was just as any other expectator watching a singer on stage and a felt something in me that pushed to do  anything in order to meet him, I ended up talking with him,  and we felt a strange connection and I didn't even know his background  and coincidentally we were from the same country in southamerica (I'm already US Citizen)  so he decided to come with tourist visa to USA  and see where the relationship will go. it was to quick for K1 visa in order we needed to know each other so our best bet was the Tourist visa. our relationship got so much strenght during his visits and we didn't agree to stay  him ilegally, my US citizenship was in process so our only option was to wait and,  for him,  to go back and forth to his country (he never overstayed)... in the last visit CBP inrrogated him and they conficaded his phone, they found enough proof that he was in a relationship and they said that he was violating the terms of the visa, so, his visa was revoked  and they sent back home in the next plane. and the only thing they handled him was the ' record of sworn of statement under proceedings" 235 (b) (1) of the act.. the intersting part that he did not receive any other document or statement that shows the ground of inadmisibility, there is not statement that said that his barred to enter this country like yours..

We are getting married in his country by january 2020 and I will definitely w file I-130 Petition (after hours and million days of researching this is the best bet).. I hope he does not require a waiver by the interview.. in any scenario, we will prepare for that moment.. we have no plans at all to ended up with the relashionship.. I currently traveling everywhere to see him.. it's a really tough situation in order we are spending a lot of money in trips and mentally we are so stressed with the entire process / situation,  and we already know that there is a long path to go for.

my suggestion, stay focus, be positive and do anything you have to do, spend all the money you have to, in order to have the love of your life next to you, Remember, we only live once"

 

Stay stronger! I would like to keep in touch with you so we can share our progress and the success in our process!

 

big hug

 

[Marbar012 0]

On 11/19/2019 at 4:52 PM, markongo said:

my suggestion, stay focus, be positive and do anything you have to do, spend all the money you have to, in order to have the love of your life next to you, Remember, we only live once"

 

Stay stronger! I would like to keep in touch with you so we can share our progress and the success in our process!

 

big hug

Thank you so much! Yes, we are planning a new trip to meet again either in Russia or some where in Europe early in 2020. In the meantime we've continued with the K-1 papers and are about 60% done.